.. ... Street ..., .. .....-.... jik@kamens.brookline.ma.us Fax: (...) ...-.... November 30, 2005 Small Claims Session Brighton Division Boston Municipal Court Fax: (617) 789-5345 RE: Small Claims Session Docket No. 200508SC000261 To whom it may concern: Please be advised that I am withdrawing my complaint against Benchmark Brands, Inc. I do not have the time to make an appropriate response to the amended response submitted by the defendant to the Court on November 28, 2005. I expended considerable time and effort preparing a response to the prior response submitted by defendant, and I simply can't afford the time to do it all over again now that the defendant has amended their response. I suppose I could ask the Court for a continuance of the case, given that the defendant provided their response less than 48 hours before the scheduled trial date, but enough is enough. I disclaim any right to further action against the defendant related to this claim or to any of the other "spam" messages transmitted to me by the defendant before today. I do, however, reserve the right to take action against the defendant to collect fees in the amount of $1,000 per message for any unsolicited bulk email messages transmitted to me by the defendant after today. I respectfully ask the Court to ensure that the defendant's counsel is provided with a copy of this letter, and to document in the Court's records that this was done. I want there to be no further room for doubt that the defendant has been notified of my terms for continuing to accept bulk email sent by them to me in violation of the law. I can only hope that the defendant has been as vigorous in solving whatever internal problems caused them to spam me for over a year in violation of the CAN-SPAM Act, as they have been in defending against my suit. Thank you for your time. Sincerely, Jonathan Kamens CC: Michelle Gonnam mgonnam@goodwinprocter.com Fax: (617) 523-1231